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Leader (1850-1860), 13th August 1859, Edition 2 of 2, Page 10, 934 THE LEAD EH. pfo. 4QO. Jjpjb. IB, IS...

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      934 The Lead Eh. Pfo. 4qo. Jjpjb. Ib, Is...

      934 THE LEAD EH . pfo . 4 QO . Jjpjb . IB , ISS 9 .

      India, Indian Progress.

      INDIA , INDIAN PROGRESS .

      -—¦ • * - . . ¦ The Uncertainty Of Convi...

      - —¦ * - . . ¦ THE UNCERTAINTY OF CONVICTION IN THE MOFUSSIL . COURTS . The report of the trial of four persons , for being concerned in an attempt to murder a Mr . Rainey , an indigo planter in Furreedpore , is possessed of much interest . The case is remarkable , as showing that "it is possible even in peaceful Bengal for an English gentleman , while , taking his morning Walk , to be stabbed from behind by a dastardly assassin , "who runs off , and cannot afterwards be discovered or traced in any way . It is also remarkable , as an instance of the absolute uncertainty as to the result irhich attends all criminal proceedings in the Dfofussil courts , and which makes it wholy impossible to say , however weak or however strong the evidence my fee , whether the prisoner will in the « nd be convicted or acquitted . And the case is further worthy of observation on account of the criticisms upon the conduct of the Lower Court ¦ which are contained in the judgment of the Sudder , and which show in how unsparing a manner the Court of Appeal at times considers it necessary to condemn the acts of subordinate judicial officers . Mr . Rainey , in the end of January last , went out for a walk about seven o ' clock in the morning , and , -when about a mile and a half from home , in passing through a village , he stopped to look at some images in a Kalleebaree . He had proceeded a few paces on his walk when he was struck from , behind . He turned round , and saw a man running down a bye lane into , the village . Putting his hand to his side , he discovered he had been stabbed , of which he was not at first aware . He then became faint from lpss of blood , took refuge in a boat-building yard which vas at hand , and sent for the police , who came immediately . He was put into a palkee , and having shown the Darogah the spot where the occurrence

      where . If the Lower Court was right , the Sudder Court has gone very far wrong . If the Sudder Court is right , the Sessions Judge has gone about as far wrong as it was possible for a man to go . We must hot be understood as saying that the conclusion arrived at by the Sudder is wrong . We have no doubt that is is perfectly right , so far as the materials before it went . It is impossible , after seeing the case for the prosecution disposed of as it has been in the very able judgment of the Court , to say that the conviction could have been allowed to stand . At the same time , it is within the bounds of possibility that the Sessions Judge may have been right , practically , although the case was not tried or put on paper by

      him with such care as to enable it to bear the searching scrutiny to which it has been exposed . Let us hope that this is so , for if it is not it is impossible to calculate the amount of injustice which may be done in the same court in cases where there is no appeal , and no remedy of any kind . The truth of the remarks with which the judgment of the Sudder Court concludes is undeniable . The evidence of the witnesses was most imperfectly tested , and this is unfortunately by no means a rare occurrence in cases which come before the Sudder Court * And it is quite right that this should be brought to the notice of the subordinate judicial officers , and that they should be reprimanded for manifest negligence , and be kept to their duty by all reasonable means . * * * * ¦*¦ # . * * In the meanwhile , Mr . Rainey ' s assailant remains undiscovered , which is by no means a pleasant state of affairs for him . If the right men were not brought to trial , it shows that a very strong sympathy must exist bet wen the intended assassins and the villagers . It is a great misfortune that the villain has not been found out and punished . — Hurkaru .

      took place , and the direction taken by the wouldrbe assassin in his flight , he proceeded into Furreedpore for medical assistance . The police instituted inquiries , which resulted in their arresting the four prisoners . Mr . Rainey could not identify any of them as being the man who struck him , although lie said he thought from his general appearance that <> ne of the prisoners whom he pointed out was the man . The case for the prosecution was , that one of the prisoners , Dwarkanath Shah , who had had quarrels and lawsuits with Mr . Rainey about some lands , had got the other prisoners to join in a conspiracy to murder him , that they had all lain in wait for Mm behind a clump of trees that morning , and

      that as he passed , one ran out and stabbed him from behind with a short spear . The sessions judge , Mr . Abercrombie , believed the evidence for the prosecution , convicted all the prisoners , and sentenced Dwarkanath Shah , who was taken to be the origij nator of the scheme and Hamcoomar , who was supposed to have struck the blow , each to transportation for life beyond seas , and the other two , who were present aiding and abetting , to ten years' imprisonment with labour in irons . The case then came before the Sudder Court , which disbelieved the evidence for the prosecution , acquitted all the prisoners and ordered two of the principal witnesses for the prosecutions to be committed to take their trial for could not be wonder

      perjury . There surely a more - ful piece of good luck for the prisoners than this . For , oven supposing their case was a good one , what possible reason had they to know { except the fact of their having been convicted by the Zillah Court ) that their appeal would be suocessftil , and that the truth would be got at better by the Sudder than by the Lower Court . In the Sessions Court Mr . Abercrombie—who for aught we can say may by the sorvice be looked upon as a first-rate judge , and may be the next for promotion to the Sndder—upon certain evidence comes , to the conclusion that the accused are guilty , and hesitates not accordingly to impose the severest nunishment uton them . In the Sudder Court , Mr .

      Samuells , upon the very same evidence , comes to the conclusion that the accused arc not guilty , and orders their immediate release ; and , not only that , tout he orders certain witnesses whom Mr . Aborcronrtrfe had examined personally and believed , to be trle ^ for perjury . It is not a little extraordinary that two persons ; who looking at the matter a priori toavo equal opportunities of forming a correct judgment , should upon the same facts arrive at such vory different results . One conclusion the public must draw from such a difference—a necossary and inevitable conclusion— that in the trial of those four prisoners there hap been a gross failure of justice somo-

      Latest Estdian Intelligence. The Overlan...

      LATEST ESTDIAN INTELLIGENCE . The overland mail has arrived , with news from Calcutta to July 2 . The news is of little interest , if we except the mutiny of the 5 th Europeans , at Berhampore , who deposed their officers and elected a colonel and a major from among themselves . This caused the despatch from Calcutta of a strong force of H . M . 99 th / 3 rd Buffs , and two guns , to bring the mutineers to then * senses . The troops landed at Berhampore from the river steamers , and the men of the 5 th being allowed twenty-rfour hours to consider , returned to their duty under a promise that their grievances would be inquired into . Some thirteen or fourteen , however , remained refractory , and were as a consequence made prisoners . The day before the troops marched for Berhampore , an order of government was published , which should have been issued long previously , as it must have been known that there was no prospect of the men abandoning what they considered their just rights , and any attempt at coercive measures could not have failed to prove most disastrous . All danger , however , is over now , and it is to be hoped that no question of the kind will ever again arise in this country . The correspondent of the Times gives some interesting particulars with regard to the 5 th Europeans . He says : — " The regiment was about 600 strong , and had expressed its opinion in the matter of the transfer with offensive clearness . It continued , . however , to do duty until the arrival of some deserters from Allahabad , who taunted the men with doing unnecessary duty . Nearly 500 of the men hereupon refused , to do ( any duty whatever , upon which the commanding officer , Major Maitland , ordered the officers to withdraw . This step exaspe . rated the men , and they elected officers of their own , one Marshall being chosen colonel , and assisted by a major , two captains , and four sergeants . Major Maitland now withdrew all servants , punkah coolies ,

      to come in speaking of discharges by the hundre d We shall , " in fact , lose the whole substance of th e Company ' s European army . The men calculate on a pleasant voyage to England without work , three months holyday at home , and re ^ enlistment on fresh bounty . " Oude is pacific ; it is itself free from rebels , and never sees the face of one , unless when pressed by hunger a band rushes through the passes from Nepaul to find , by . plunder , wherewithal to . eke out existence upon . The visits of these marauders are , however , few ard of the shortest duration . They dash in like hungry hawks , seize cows if they can get them , grain , and whatever else is edible , or likely to purchase food , and are back again to their mountain and jungle haunts before the small police force which would be sufficient to punish them can reach the scene of depredation .

      The same annoyances are felt in Goruckpore by the peaceably disposed . Here , too , the rebels dash in from Nepaul , plunder houses , carry off herds , & c ., all oil a small scale , and sometimes , it is . said , carry off Zemindars and wealthy landholders , retaining them to extort ransom . It were well that this could be prevented , and perhaps a corps of police on the principle of the Oude police should be immediately organised for the protection of the Goruckpore frontier . In Central India , Feroze Shah seems to have disappeared altogether from public view . Nobody appears to know anything of his whereabouts , and he is probably hiding somewhere in Rajpootana , if not further to the westward .

      The country south of the Jumna and eastward of Gwalior appears also quiet . There were a few bands of rebels in the neighbourhood of Saugor , and in the adjoining country , but we now hear nothing of them . Sir C . Trevelyan ( says the Madras Athenceum ) has finally disposed of the Tinnevelly affair . It will doubtless be in the recollection of our readers that in the month of December last there was a riot hi that town , in consequence of the dead body of a native Christian being carried through a certain street . ¦ The missionaries alleged that there was no other way to the burying-ground ; the natives alleged that there were several other ways , could not be used for

      and that the street in question the purpose of carrying a low caste man or Christian down it without infringing on their customs . The military were called in , and a lamentable loss of life was the result . The Sessions Court has been occupied in trying the rioters , and seven persons were sentenced by the Sessions Court to five years * imprisonment with hard labour in irons , which , on appeal , was reduced by theFoujdaree Adawlutto two years . Two were sentenced to three years' imprisonment , and their sentence has not been mitigated . Twentyeight persons were required to furnish bail to keep the peace for one or two years .

      rum , and , in fact , everything except rations , wluoh it was impossible to stop without an explosion . Fortunately forall parties , Marshall turned out a man of some capacity ana resolution . He throatened to flog the first man caught looting , carried and his menace into execution . Another man , guilty of disrespect , received fifty lashes , and the regiment was broughtinto a state of discipline to wh , ich ; it was entirolyjunaccustomed . On the 26 th of June , Colonel Kenneth Mackenzie , Deputy-Adjutant-General , not Colonel Colin Mackenzie , who only went up to protect

      Moorshodabad , arrived with 1 , 000 men of herMajesty ' s 99 th and the Buffs , and four guns , He placed his men and offered the mutineers twenty-four hours to consider . If at the expiration of that time they returned to duty , a court of inquiry would be hold into tholr grievances ; if not , he should employ force . The men , thirty-nine qxcoptod , submitted , and the recusants wore arrested . Tho court of inquiry is now sitting , but it seems perfectly understood that the men will be simply discharged . I feel very doubtful whether even the ringleaders will be punished . Tho discharge will apparently bo nearly universal . The Oth , it is known , will go on masse , and letters begin

      In Consideration Of The Distinguished Se...

      In consideration of the distinguished services of H . M . ' s 61 st regiment at the siege of Delhi , the Right Honourable the Governor directed a salute of twenty-one guns to be fired from the saluting battery on the embarkation of that corps . A letter from Alexandiia , of the 26 th . ult ., says — The " Viceroy has just had a narrow escape . At Tantah , in the middle of the night , he was seized by the whim of taking a ride on the railway . As the railway officials had not been informed of his excursion , they sent ofF a goods train from Alexandria at the usual hour . This train after a while overtook that of the Prince , and ran into it . All the suite received contusions , but the Prince escaped uninjured . " "The people of Kurrachee have built an ice house , but Mr . FredQric Tudor , of Boston , cannot afford to send them a cargo of ice , owing to the late revulsion in the India trade . He sends ice only to places where ships go in ballast for return cargoes , because the freight is low . Ho has reoently lost 2 , 000 ? . in supplying Colombo with ice , but is about to attempt to Introduce it into *' oint do GaUe and Singapore . la a pathetic reply , the secretary of the Kurrachee Ice Committee entreats the inexorable Tudor to rcconsidor tho proposition . ' T » We see from the Bombay papers that tho Parseo youths there have taken to cricket . The " Zoroastrian" club was beaten by the " Juvenile / ' but a beginning has been made . It is well when Oowasjee can make nineteen ere he is " stumped by Ireland . Tho Bombay Standard notices tho increasing interest of the Parses community there in wmaio education . Oursetjee Cowasjeo Ashlmrnor , wie proprietor of the Bandhoop distillery , has foundea a achool for « Parsce girls and women . " From tneir intercourse with Europeans , and their general intelligence gained In business , tho Parsoes begin to feol keenly the inferiority in cduoatlon of their females .

  • Citation
    • Leader (1850-1860), Aug. 13, 1859, page 10, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_13081859/page/10/